A History of Competition: The Impact of Antitrust on Hong Kong's Telecommunications Markets
2019, 29 Fordham Intell. Prop. Media & Ent. L.J. 931 (2019)
"Hong Kong has only had cross-sector competition law since 2015, but the city’s telecommunications markets have been subject to sector-specific antitrust provisions for over two decades. The
importance of nurturing an efficient, innovative, and competitive telecoms industry for Hong Kong’s economic prosperity was acknowledged already at the time the sector was liberalized in the 1990s. Yet until the late 2000s, the government vehemently
opposed the adoption of competition law in virtually all ...
A Coat of Many Colors: Joint Ventures in International Merger Control
2018, Antitrust, Vol. 32, No. 2, Spring 2018, p.89-93
"Joint Ventures often raise complex merger control questions. Divergence in the treatment of joint ventures under competition laws around the world means that the jurisdictional assessment of the same transaction may be diametrically different. A sound knowledge of international merger control rules is crucial for identifying where a joint venture may trigger a merger filing and, where possible, for advising clients on possible structuring options to minimize the number of merger filings that ma ...
Analytical Paper on the Importance of Filing with MOFCOM – Recent Penalty Decisions for Failure to Notify
2018, 2018 ABA Conference: ‘Merger Control 101’ Panel
"When carrying out an assessment of where merger notifications in the context of a merger, acquisition or joint venture should be made, it is important to bear in mind the implications and potential penalties of implementing a transaction without clearance. In
China, the Anti-Monopoly Bureau of the Ministry of Commerce in China ('MOFCOM') has been stepping up its enforcement actions against merging parties for failing to notify.
Chinese Merger Control Eight Years On
2017, European Competition Law Review, (2017) E.C.L.R. Issue 2, p.53-59
"As China transitions from a centrally planned to a socialist market economy, there is a need for antitrust regulation.
After all, antitrust law aims to prevent significant distortions of competition, and insufficiently competitive markets run counter to the idea of a market economy.
Distribution Agreements Under China's Monopoly Law and the Hong Kong Competition Ordinance
2017, China Antitrust Law Journal Vol. 1(1), 2017
"This paper discusses the use of distribution restraints in China and Hong Kong, and attempts to develop a general framework for their analysis under the Anti-Monopoly Law ('AML') and the Competition Ordinance ('CO'). The (limited) evidence available thus far suggests that vertical
restrictions are commonplace in these jurisdictions, and that they may well have adverse effects on competition, particularly when they affect resale prices. However, since economic theory is ambivalent as to their e ...
Analytical Paper on MOFCOM’s Evolving Approach to Remedies
2016, ABA CLE Paper
"In the nine years since MOFCOM started reviewing transactions under the Anti-Monopoly Law of China ('AML'), it has intervened in approximately 30 cases out of over 1,600 filings. In 2017, MOFCOM imposed remedies in seven transactions, compared with only
two in 2016.
Based on reviews of these cases and comparing MOFCOM’s remedies to US and EU decisions on the same cases (where relevant), it seems that MOFCOM continues to be willing to diverge from the decisions of the other regulator ...